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Miller V. Arkansas: Criminals Beware! Arkansas Uses An Objective Approach In Evaluating Pretextual Traffic Stops, Jason Watson
Miller V. Arkansas: Criminals Beware! Arkansas Uses An Objective Approach In Evaluating Pretextual Traffic Stops, Jason Watson
Mercer Law Review
In Miller v. Arkansas, the Arkansas Court of Appeals had to decide whether an officer's subjective intent would make an otherwise legitimate traffic stop and ensuing search pretextual. In December 1991, a confidential informant told Arkansas state police officer Roger Ahlf that Roger Miller was a cocaine dealer and was driving a black van on a suspended driver's license. After verifying this information, Officer Ahlf stopped Miller for driving on a suspended license. Ahlf then frisked Miller for weapons. During the frisk, the officer found an address book that contained less than 1.5 grams of marijuana residue. The officer …
The Fragmentation Of Federal Rules, Erwin Chemerinsky, Barry Friedman
The Fragmentation Of Federal Rules, Erwin Chemerinsky, Barry Friedman
Mercer Law Review
In 1938, the Federal Rules of Civil Procedure were adopted. Their adoption represented a triumph of uniformity over localism. The lengthy debate that prefaced the adoption of the rules focused upon the value of a national set of rules, as opposed to the then-governing practice of "conformity," in which local federal practice mirrored that of the state in which the federal courts sat. Although many different arguments were offered in favor of the federal rules, at bottom the rules' proponents carried the day by arguing that procedure ought to be the same across the federal courts and the cases those …